WHAT IS A LARCENY?

When it comes to the legal definitions of theft, larceny, burglary, and robbery, it can get confusing trying to differentiate between the four. They all involve similar crimes, but the offenses feature very distinct differences.

Robbery, burglary, theft, and larceny all involve stealing property from its lawful owner, but one of the major differences is how the crime is committed. Was it a violent crime? Was an item taken from inside of a locked building? While all four of these offenses are often used interchangeably in TV and movies, there are actually big differences in the legal definitions.

To help explain the differences, we put together this page of frequently asked questions, such as "What is grand larceny?" and "What is the difference between larceny and embezzlement?" We will also share examples of larceny and methods of larceny, and we will compare larceny vs. theft and larceny vs. robbery to help make it clear.

Larceny Definition

Larceny is when someone unlawfully takes an item or property that belongs to another person with the intent to permanently deprive the owner of its value. An important element to understanding larceny is that the theft takes place without using violence.

Before we get into the specifics, a general larceny definition is summarized below.

Larceny is a type of theft in which no force is used - with exceptions varying from state to state. It is commonly referred to as theft, and the perpetrator is referred to as a thief.

Larceny was an offense under the common law of England, and so it also became a law in areas where England ruled, such as the United States. That was a long time ago, and with the exception of the US and Australia, all other countries which had a larceny law abolished it in favor of breaking down larceny crimes into burglary, robbery, theft, and related property crimes.

Even in the US, larceny has different definitions, punishments, and laws according to severity in each state. This is where it gets confusing: larceny is often used as a synonym for theft in conversation, entertainment, and US law. In some states, larceny is a crime separate from theft, with separate punishment. In other states, it is simply used as a synonym for theft.

What Are The Elements Of Larceny?

In order for someone to be charged with larceny, the following elements must be proven:

Property has been unlawfully taken and removed

The property belongs to another person

Unlawful taking of property does not have consent of the property owner

Property is stolen with the intention to permanently deprive the owner of their property

If one or more of the above elements did not occur, or can't be proven, then a different charge of property crime may take place.

Man stealing a phone, an act that is considered larceny.

Unlawful Taking

The first element is that the property is unlawfully taken. If property is removed for legal purposes, such as a car repossession, no larceny has occurred.

Removing

Some states specify that the personal property must be completely removed from the rightful owner or completely in the defendant's control in order for it to be considered larceny. If property is removed from the owner, but never in control of the defendant, larceny did not occur. For example, knocking something out of a person's hand is not larceny - the defendant was never truly in possession of the item. If the defendant were to pick the item up and run away, then it would be larceny.

For property that cannot be moved, the removing element would be fulfilled if the perpetrator took control of the property or made it impossible for the owner to use and benefit from the property's value.

Another Person's Legal Property

Larceny only applies to tangible property, meaning that it can be seen, held, and felt. (The stealing of contracts, intellectual property, or services would not be considered larceny.)

The tangible property in question must belong to someone else in order for larceny to apply. If you were to remove an item of your own from someone else, it is not larceny.

Example: You lend your leaf blower to a neighbor, and they never gave it back. One day, you see it sitting on their lawn, and you take it back. As long as you have a better legal claim to the item in question, this is not larceny.

If you co-own property, and one of the co-owners deprives the other co-owner of use or value of the item, that is larceny.

Example: You buy a new TV with your roommate and split the cost. Your roommate suddenly moves out one day and takes the TV without consent from the other co-owner. This is larceny.

Without Owner's Consent

The item must be taken without consent from the property owner. If your neighbor never returns your leaf blower, this would be theft rather than larceny, since you at one point gave consent for them to obtain possession of the leaf blower.

If your neighbor used force, deceit, fraud, or threats to keep the property that was given with consent, then it would be larceny.

Intent To Permanently Deprive Owner Of Its Value

The last element of larceny is another tricky one to prove in court: intent. For larceny, the person taking the item must know that the property does not belong to them. If your neighbor believes that your leaf blower is actually a leaf blower they purchased themselves the crime would be considered theft instead of larceny.

To be considered larceny, the person taking the property must also have no intent to return the item. If the perpetrator sells the item to a third party, it is still larceny.

What Is Grand Larceny?

There are instances in which larceny would be classified as a felony. Grand larceny, also sometimes referred to as grand theft, is classified as a felony.

The more valuable the item stolen, the harsher the crime and the harsher the penalties. Grand larceny is a more severe form of larceny because it involves the theft of property over a certain value. The absolute definition varies depending on the jurisdiction, but in the US, it is often the theft of property over $500 in value.

Because the items are more valuable, the offense carries a harsher punishment or stiffer penalty.

It can also be confusing to differentiate between the degrees of larceny because the type of item stolen does not necessarily classify it as petty or grand larceny. Purse snatching could be a misdemeanor crime, but if the thief steals a designer purse, it could quickly become grand larceny.

Depending on your location, larceny can be considered grand larceny for reasons other than monetary value.

Example: Under California Penal Code Section 487, you could be charged with grand larceny if the stolen property is a type of animal, a weapon, or one of the following:

What Is Petit Or Petty Larceny?

Petit larceny or petty larceny is when the value of the property stolen is under a specified amount. The maximum for petty larceny varies depending on each jurisdiction's specific law, but in the US, it is usually around $500.

Typically, larceny is a misdemeanor crime.

For example, shoplifting from a convenience store would most likely be a misdemeanor crime. The items do not have a high monetary value, but they were still stolen from the rightful owner, making it a crime nonetheless.

This minor offense is also known as petty larceny.

How Do I Find My State's Larceny Information?

Since larceny crimes often differ in every jurisdiction, it can be tough to track down exact laws, degrees of larceny, and larceny punishments in your area.

For information on larceny statistics in specific areas, like your neighborhood, your school district, or your state, Instant Checkmate is a great resource. You can use the tool to perform online background checks on specific people, check the crime statistics and known criminals in your zip code, and so much more!

All of this information is free on Instant Checkmate. Learn more about the crime rates in Chicago, or check out your own city.

Frequently Asked Questions

How Is Larceny Different From Embezzlement?

Larceny is the theft of property that was never entrusted with the person who stole it. For example, it is larceny if a junior employee robs the till using the manager's passcode. Embezzlement must meet the early criteria, but the property must be entrusted to the thief at the time in which it was stolen. For example, if the company bookkeeper robs the till and covers it up with false transactions, that classifies as embezzlement.

How Is Larceny Different Than Robbery?

Larceny differs from burglary and robbery because it is a non-violent crime. The perpetrator takes the item without physically hurting anyone in the process. Additionally, the thief does not break into private property or obtain the item through fraud. Instead, deceit and trickery are two common tactics used when a person commits larceny.

As mentioned above, larceny is a type of theft in which no force is used. Robbery occurs when the theft is accomplished by using force or fear, like holding a weapon.

Example: Stealing a car from an empty parking lot would be larceny. Stealing a car by hitting someone over the head and stealing their keys would be robbery.

How Is Larceny Different Than Burglary?

Burglary is the act of unlawful entry into a building, home, or business with the intent to commit a crime. Although it is common, larceny or theft doesn't always occur during a burglary. Sometimes burglaries involve something as serious as murder or something as mundane as making a snack.

How Do You Prove Larceny?

Larceny can be proven if it meets the four elements listed above: unlawful taking, the property belongs to someone else, the property is taken without the property owner's consent, and there is no intent to return the property.

When Is Larceny A Felony?

A larceny is a felony when the value of the goods is above a specific amount, or a specific item (such as a firearm) has been unlawfully taken. Once again, this depends on the jurisdiction where the larceny takes place. Some states refer to grand larceny as "felonious larceny." This can be dependent on circumstances other than value, such as if burglary occurred or if a dangerous device was used in the act.

You can refer to the table below to see the specific monetary value when Connecticut larceny laws graduate from misdemeanor to felony.

What Are The Degrees Of Larceny?

In some states, such as New York and Connecticut, there are varying degrees of larceny. Unlike other crimes, where the degrees differentiate the seriousness of the offenses, the degrees of larceny refer to the value of the item or items stolen.

In New York, there are four degrees of larceny.

First degree: Value exceeding $1,000,000

Second degree: Value exceeding $50,000, but less than $1,000,000

Third degree: Value exceeding $3,000, but less than $50,000

Fourth degree: Value exceeding $1,000, but less than $3,000

Below is a table explaining Connecticut's degrees of larceny, when they are a felony, and the typical punishment.

What Is The Punishment For Larceny?

When a person is convicted of larceny, he can expect to face some stiff penalties. Typical punishments for this crime include jail time, fines, restitution, or probation.

Ultimately, the main thing to understand about larceny is that it involves the stealing of any property without the use of force, violence, or fraud. Any time these other elements are involved, it becomes a different crime, typically burglary or robbery.

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